Posted in Car Accident on October 23, 2020
Texas’s insurance system can be confusing to navigate as someone with serious injuries or losses after an auto accident. Unfortunately, insurance companies do not make recovering fair compensation easy for claimants. Insurance companies want to make a profit, not offer large payouts. The best way to protect your rights during the insurance claims process in San Antonio is to understand how the insurance company will investigate your claim and make its decision.
Evidence and Factors They Analyze
The first step the insurance company will take is to hire an insurance claims adjuster to look at your claim. An adjuster sees a few different cases across his or her desk each month. It is the adjuster’s job to investigate your car accident, communicate with you, collect evidence, and ultimately submit a suggestion to the insurance company to either accept or deny the claim. The claims adjuster will typically start by contacting you to ask you questions. The adjuster will be looking for certain pieces of information to start the process.
- Where the car accident occurred.
- The time and date of the collision.
- How many people the accident involved.
- The amount of damages to either vehicle.
- A description of your injuries and losses.
- How you believe the accident happened.
The adjuster’s goal will be to get you to say something incriminating so that he or she can recommend to the insurance company to deny your claim or minimize your payout. Be careful what you say to the adjuster, as he or she can use any information you give during a recorded statement against you. You do not have to give a recorded statement under Texas law if you do not wish to do so. If you do not want to talk to the adjuster yourself, you can hire a San Antonio car accident lawyer to handle your claim for you.
Claims Investigation Process
After speaking to you about your accident, the adjuster will look to other sources for more information about your car accident. These may include a police report, eyewitnesses, a visit to the auto shop where your vehicle is being held and your medical records. The insurance company may send you a medical authorization form. Do not sign this form. Medical authorization forms typically ask for your entire medical history rather than only the documents related to your car accident. This is a tactic the insurance company uses to search for pre-existing injuries and conditions it can use to deny your claim. Send the authorization form to a lawyer for a review before signing.
The insurance claims adjuster will evaluate the legitimacy of your car accident claim. Looking into evidence connected to your claim will allow the adjuster to make an educated decision about whether to deny or provide insurance benefits. The adjuster may interview eyewitnesses, passengers, both drivers and others who were at the scene. The insurance claims investigation will try to conclude whether your claim is legitimate or illegitimate. It will also try to gauge the value of your damages if it decides your claim is valid. Cooperating with the insurance process can make it easier to receive compensation. It is important, however, to protect your rights when speaking to an insurance claims adjuster.
How Can an Attorney Help You During the Investigation?
Hiring a personal injury lawyer can help you during a car accident insurance investigation. Your lawyer can explain your rights as the victim of a car accident, as well as help you deal with claims adjusters. Your lawyer can take over negotiations with the claims adjuster and insurance company while you focus on healing from your injuries. Your lawyer will not allow the insurance company to take advantage of you or offer less for your injuries than your case is worth. Contact an accident attorney from The Law Offices of Maloney & Campolo for assistance with an insurance investigation after a car accident in the San Antonio area.